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Laws Of Agency Fiduciary DutiesListing_agreementsMEDIUM

Broker Thompson in Los Angeles takes a net listing on a property where the seller wants to receive $500,000 net. The property sells for $560,000. Under California law, which statement about this arrangement is MOST accurate?

Correct Answer

C) Broker Thompson must disclose the amount of commission earned before the seller signs the final transaction documents, and net listings are legal but discouraged by the DRE

Net listings are legal in California but strongly discouraged by the DRE due to the inherent conflict of interest. Under California Business & Professions Code §10176(g), the broker must disclose the amount of compensation before the seller commits to the transaction. Failure to disclose can be grounds for license discipline.

Answer Options
A
The net listing is illegal in California and the entire transaction is void
B
Broker Thompson may keep the $60,000 difference without any disclosure obligation
C
Broker Thompson must disclose the amount of commission earned before the seller signs the final transaction documents, and net listings are legal but discouraged by the DRE
D
The DRE automatically revokes a broker's license for using a net listing

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Related Topics & Key Terms

Key Terms:

net_listingDRE_discouragedcommission_disclosureconflict_of_interest

Related Concepts

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

A legal relationship in which one person (the agent) is authorized to act on behalf of another person (the principal) in business transactions with third parties.

The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.

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